FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Cover by Care Assistants.
BACKGROUND:
2. St Raphael's Centre Residential Community Programme provides care for 18 adults with an intellectual disability in 3 group homes under the auspices of the St. Raphael's Centre.
In February 2002 an agreement between the HSEA and Unions was applied to the Intellectual Disability Sector which provided that the grade of House Parent in future would transfer to that of the professional grade of Social Care Worker. All new entrants would have to have the necessary qualifications. In October 2005 the Social Care Worker in St. Raphael's Centre in Youghal retired and an internal advertisement for temporary cover was circulated among the Care Assistants one of which took the position.
In April 2006 the HSE advertised externally for a qualified Social Care Worker in the Community Houses in Youghal and in keeping with the National Agreement the HSE was informed by the Unions that their members would no longer provide relief voluntary cover as soon as the position was filled, as they did not have the necessary relevant qualifications. Union members are frustrated at the lack of progress as the position of permanent Social Care Worker has not being filled and while they are not permitted to apply for the job they are expected to continue to provide the temporary cover.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 8th October, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 23rd October, 2007.
UNION'S ARGUMENTS:
3. 1. In October 2006 the Management promised to establish a dedicated relief panel to cover the position of Social Care Worker and an agreement was put in place that Care Assistants would continue to provide cover until this position is filled. No progress has yet been made to fill the position.
2. The decision not to continue providing cover is in line with the national agreement on professionalisation of Social Care Worker grade.
3. Care Assistants are not permitted to apply for the position of Social Care Worker yet they are expected to provide temporary cover for the position they are not qualified for.
COMPANY'S ARGUMENTS:
4. 1. Management is committed to ensuring all personnel are appropriately qualified within the Intellectual Disability Sector as per the Dept. of Health and Children's circular 30/2001.
2. Withdrawal of the temporary relief cover for the position of Social Care Worker is in breach of the agreed Framework of Disputes Resolution in the Health Services and Section 30.2.7 of Towards 2016.
3. Management will continue to provide appropriate support to staff in achieving the necessary relevant qualification.
RECOMMENDATION:
The Court has given careful consideration to the submissions of the parties. The Court is satisfied that the status quo with regard to the provisions of relief cover should be restored. The Court is further satisfied that the proposals put forward by the Board at the LRC provide a reasonable basis upon which the issues now in dispute should be resolved.
The Court recommends accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
3rd December, 2007______________________
JF.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.